Louisiana’s legal limit is 0.08 percent.
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Dane Ciolino, an attorney and law professor at Loyola University New Orleans College of Law, said Hayes’ attorneys could argue that Smith’s high blood alcohol level caused him to act in an aggressive manner during the chain-reaction crash that immediately preceded the April 9 shooting.
Proctor grad and former National Football League star Will Smith who was fatally shot on the streets of New Orleans in what has been described as a road rage incident, might have been drunk at the time.
“The reports that we’ve heard so far that were on television and various news outlets were not consistent with everything that happened, and I can tell you that my client was not the aggressor in terms of the behavior that happened after the accident”, attorney John Fuller said. His wife, Racquel, was shot twice in the legs but survived.
Cardell Hayes was charged with second-degree murder in the incident after police said he fired multiple, fatal shots at Smith after he rear-ended Smith’s SUV April 9 in the Lower Garden District. A loaded gun was found in Smith’s vehicle, police say. Fuller also stressed Wednesday that Hayes had no alcohol or drugs in his system on the night of the shooting. Smith’s lawyer has said Hayes was “rageful”.
Surveillance video from several New Orleans businesses captured Smith’s vehicle appearing to bump into Hayes’ vehicle after Hayes’ vehicle stopped in the middle of the street.
Hayes has not denied firing the gun, but his claim is that it was done in self-defense.
It is unclear what bearing the toxicology report will have on Hayes’ case. Smith died on the scene.
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The parties will be back in court Friday for a bond reduction hearing.
